Clause 81 - ''Bad character''
Criminal Justice Bill
9:10 am
Mr Humfrey Malins (Woking, Conservative)
Certainly. The current position is that if a person of good character with no previous convictions is in the dock, the judge will give a direction to the jury that says that that good character not only supports the defendant's credibility—his ''believableness'', if there is such a word—but is relevant in considering his or her propensity to commit a crime. There is therefore a positive direction in favour of the defendant. Previous convictions are currently admitted in about 20 per cent. of cases, for various reasons.
First, as the hon. Member for Southwark, North and Bermondsey said, if a defendant attacks the character of a witness, they cannot expect their own character to be kept out of the case. For example, if the defendant, through his counsel, says to the policeman, ''You're a liar, you're a cheat, and you're dishonest in the evidence you're giving,'' the defendant's character can be considered.
Secondly, the defendant's character can be considered by consent. Sometimes a defendant will say, ''As a matter of fact, it's true that I've got six previous convictions for dishonest offences, but in each case I pleaded guilty. This is the first time I have ever pleaded not guilty, and that can be confirmed.'' Saying that can sometimes work to a defendant's advantage.
The third situation is much less common and is called ''similar fact evidence''. If one is charged with burglary and one has a string of previous burglaries that have a strikingly similar fact in common, such as the leaving of a calling call or a particular modus operandi—the courts will not accept it unless it is strikingly similar and narrowly defined—character will be considered.